compromise B9 after High
Court and Supreme Court decree is illegal and unknown
to law and violates Order 23 Rule 4. Recording the
alleged compromise ... executed outside the court. The Learned
Judge failed to appreciate that the alleged compromise
post decree entered in the court or outside the court
violate any provisions of the compromise decree. The
trial Court, to ascertain whether the compromise
decree was violated or not by the petitioner herein,
appointed ... unexceptionable that a court executing a
decree cannot go behind the decree; it must
take the decree according to its tenor; has no
jurisdiction
petitioner herein
filed Ex.P.No.44/2019 to execute the compromise
decree, wherein he filed an application for appointment
7
of Commissioner to conduct ... time limit
is fixed for sale of property in the compromise decree,
the executing court ought not to have proceeded to
execute the decree
file of the Civil Judge (Senior division) Kunigal for executing the
compromise decree. The complainant has opposed the said case,
as the accused ... file of the Civil Judge (Senior
division) Kunigal for executing the compromise decree. The
complainant has opposed the said case, as the accused
compromise was entered in the said suit. The
said suit decreed in terms of compromise. As per the said
terms of compromise decree, Sheik Anwar ... enforce the compromise
immediately and he shall be entitled to
recover the possession of the schedule
property, forthwith by executing the
compromise decree
High Court, at her
instance, a compromise was executed between the parties and
accordingly, the compromise decree was passed by the High Court
dated 15th ... stranger to the
compromise decree, therefore, the remedy is always open to a
stranger to the compromise decree to file a separate suit to ventilate
considered the question as to whether in the face of compromise
decree the executing Court could have granted time to the Respondent to
deposit ... enabling the decree holder to reap the fruits
of his decree.
(emphasis supplied)
26. A decree passed on the basis of compromise arrived at between
Kuldeep Singh Nanda filed a Civil suit, which ended with a
Compromise decree on 04-01-2000 whereby Mr. Kuldeep Singh ... died by that time, the assessee and his
brother executed the Compromise decree. In order to finance the
payment to Mr. Kuldeep Singh Nanda
decree of specific performance of the
Agreement to Sell dated 29th March 2008 and the
Compromise Deed dated 19th October 2010 executed
between the Plaintiff ... title document if any which is to be executed
consequent upon the compromise decree is not to be executed by
the applicant i.e. defendant
date of publication of the Act.
(ii) The decree or order has not been executed
or not satisfied in full ... other
hand, the respondent filed a petition for
executing the compromise decree passed in
the earlier suit. The executing court allowed
the execution petition
